Licensing Committee – Thursday 22 March 2018
Chairman: Councillor K Vickers
Venue: Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time: 10 am
E-mail Address: firstname.lastname@example.org
2. Declarations of disclosable pecuniary interests and personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
3. To take the minutes of the meeting of this committee held on 23 November 2017 as a correct record and authorise the Chairman to sign.
4. Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meeting of the following sub-committees-
(i) Licensing (Activities) Sub-Committee held on 18 December 2017.
5. Review of the Statement of Principles (Gambling Act 2005).
6. Review of the Licensing Committee’s Terms of Reference.
7. The Openness of Local Government Bodies Regulations 2014.
8. Date of Licensing (Miscellaneous) Sub-Committee in May.
9. Appeals Submitted to the Magistrates Court.
10. Presentation – Hackney Carriage and Private Hire Licensing Policy.
(i) Training to be presented by Nick Bramhill on the new Guidance to Members (30mins max).
11. Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.
PRESENT: – Councillor K Vickers in the chair.
Councillors P Vickers (Vice-Chairman), Ali, Allcock, Armiger, Armitage, Clark, Ellerby, Glover, Mumby-Croft, Ogg, Oldfield, Swift, Wells and Wilson.
The committee met at the Civic Centre, Scunthorpe.
1490 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared personal interests –
|Member||Nature of Interest|
|Councillor Armitage||Personal Licence Holder|
1491 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 23 November 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.
1492 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 13 March 2018 be received.
1493 (31) REVIEW OF THE STATEMENT OF PRINCIPLES (GAMBLING ACT 2005) – The Director: Operations circulated a report to inform the committee that by January 2019 the Statement of Principles must be reviewed in accordance with section 349 of the Gambling Act 2005. The report was seeking approval to start the consultation process. Following consultation, the revised Statement of Principles would be presented to the committee for approval, prior to being considered by full council.
The Statement of Principles was initially approved by the committee in 2006 and then reviewed every three years thereafter.
The Act stipulated that in reviewing the policy, the council must consult the police, fire and rescue service, licence holders, persons representing licence holders and other businesses or persons as deemed suitable. Further, the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 specified a number of matters which must be included in the Statement, including the description of the area and a list of consultees.
A copy of the current Statement of Principles was attached at Appendix A to the report. Subject to any responses to the consultation, it was not proposed to make significant changes to the document – if any.
Members commented on particular aspects of the appendix to which the Director: Operations responded to.
Resolved – (a) That the Statement of Principles be reviewed in accordance with statutory requirements, and (b) that the start of the consultation process be approved.
1494 (32) REVIEW OF THE LICENSING COMMITTEE’S TERMS OF REFERENCE – The Director: Operations submitted a report to review the Terms of Reference for the committee, to ensure that they complied with legal requirements.
The committee had delegation through the Council’s Constitution to deal with non-executive decision making under various Acts of Parliament. The majority of these decisions were made in accordance with the Local Government Act 1972.
Where the Licensing Committee dealt with matters under the Licensing Act 2003 or the Gambling Act 2005, those decisions were made in accordance with The Licensing Act 2003 (Hearings) Regulations 2005 or The Gambling Act 2005 (Proceedings of Licensing Committees and sub-committees) Premises Licence and Provisional Statements (England and Wales) Regulations 2007.
In the case of applications determined under the Licensing Act 2003 or the Gambling Act 2005, both allowed for the delegation to a committee under section 10(1) of the Licensing Act 2003.
A copy of the delegation to the licensing committee, highlighting the proposed changes was attached at Appendix A of the report.
Recommended to Council – That option 2 detailed at paragraph 4.2 of the report be approved and included in the council’s Constitution.
1495 (33) THE OPENNESS OF LOCAL GOVERNMENT BODIES REGULATIONS 2014 – The Director: Operations submitted a report that advised the committee of all decisions taken by authorised officers of the Licensing Division, in relation to licences, registrations, permits and consents, under the scheme of delegation.
In August 2014 the Government introduced regulations which required the publication of decisions by officers for non-executive functions where were for authorisation, a licence or where it affected the rights of an individual.
The adoption of the Openness of Local Government Bodies Regulations in August 2014 changed the requirements placed on local authorities in regard to reporting decisions taken under delegated authority by Officers.
Prior to the new regulations, Officers were required only to produce a report on decisions taken under authority delegated to them under the Executive powers.
The requirement had now been extended to all decisions, whether made by an officer or on behalf of another committee/sub-committee or joint committee, in which the council participated. This applied where the decision had been delegated to an officer, either under a specific delegation or under a general authorisation.
A summary of all decisions made by officers for licences, registrations, permits and consents issued between 14 October 2017 and 31 January 2018 was attached at Appendix A of the report.
Resolved – That the report be noted.
1496 (34) DATE OF LICENSING (MISCELLANEOUS) SUB-COMMITTEE IN MAY – Resolved – The Director: Governance and Partnerships informed the committee that the Licensing (Miscellaneous) Sub-Committee timetabled for Thursday 10 May 2018 was re-scheduled to Tuesday 8 May 2018.
1497 (35) APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Director: Governance and Partnerships informed the committee of an appeal lodged to the Magistrates Court as a result of a decision made by the Licensing (Miscellaneous) Sub-Committee. This was listed for Thursday 10 May 2018.
1498 (36) LICENSING POLICY SEX ESTABLISHMENTS – The Director: Operations submitted an urgent report on the grounds of seeking approval to review the Sex Establishment Licensing Policy and to start the consultation process. Once the consultation had been carried out, the revised policy would be presented to the committee for approval.
The council had a duty to protect the public and was authorised to carry out the statutory function of issuing licences in relation to Sex Establishments. Part II of the Local Government (Miscellaneous Provisions) Act 1982 was adopted in August 2001 and re-adopted in 2011 following amendments by section 27 of the Policing and Crime Act 2009. Licences were issued in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.
The Sex Establishment Licensing Policy was initially approved by the committee in 2011 and agreed to be reviewed every three years thereafter.
There was no legal requirement for the policy, however it was considered to be best practice to adopt such a policy, thereby bringing the activity in line with other licensable activities. Consultation would take place on the policy, following approval by the committee.
Resolved – (a) That the Sex Establishment Licensing Policy be reviewed, and (b) that the start of the consultation process be approved.
1499 (37) PRESENTATION – HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING POLICY – The Director: Operations presented training on the new Guidance for Members in relation to the Hackney Carriage and Private Hire Licensing Policy which was reviewed in September 2017.